Page:Copyright Act 2021.pdf/341

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(b) the copy was made after the relevant date;

(c) before 10 April 1987, X gave the written notice, as prescribed for the purposes of the proviso to section 3 of the 1911 Act, of X’s intention to reproduce the work; and

(d) X has paid to or for the benefit of the copyright owner royalties—

(i) in respect of all the copies sold by X;

(ii) calculated at the rate of 10% of the price at which X published the reproduction; and

(iii) in the manner prescribed for the purposes of the proviso to section 3 of the 1911 Act or for the purposes of this section.

(2) The relevant date for the purposes of subsection (1)(b) is as follows:

(a) in the case of a work in which copyright subsisted on 1 July 1912—

(i) if the work is a work of joint authorship, the later of the following dates:

(A) the date falling 30 years after the death of the joint author who died first;

(B) the date of the death of the joint author who died last; and

(ii) if not—30 years after the death of the author;

(b) in any other case—

(i) if the work is a work of joint authorship, the later of the following dates:

(A) the date falling 25 years after the death of the joint author who died first;

(B) the date of the death of the joint author who died last; and

(ii) if not—25 years after the death of the author.